Generating Rental Income from Your Home

The Village Zoning Code contains several provisions that allow homeowners to legally generate rental income from their home. Often, this supplemental income is key to allowing the homeowner to remain in their home.


IN LAW APARTMENTS - Village Code Chapter 224, Section 224-8B(10)

  • Separate living area within a Single Family Home, may include kitchen
  • Designated for use by family member or care-giver(s) and family; family broadly defined as related by “blood, marriage or adoption.”
  • Must be an unobstructed passageway between the apartment and the main residence; water, sewer and electric facilities must be shared
  • No exterior changes that alter character/appearance of neighborhood
  • Owner may occupy the primary residence or the apartment
  • In law apartment must be registered with the Village; registration requires inspection and payment of $50 fee.

ACCESSORY APARTMENTS (Article XXXI, section 224-201)

  • Separate dwelling unit, which can be located in the principle dwelling or outbuilding; maximum of two bedrooms.
  • Owner may occupy either main house or accessory apartment
  • No exterior changes that affect character/appearance of neighborhood
  • Must comply with NY State Uniform Fire Prevention and Building Code
  • Requires application, professional site plan, and inspection
  • Planning Board approval required; $250 application, $100 renewal.

For more information, contact the Irvington Building Department at 591-8335.